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TITLE VII SUPPORT

Art. 194. Support comprises everything indispensable for


sustenance, dwelling, clothing, medical attendance, education
and transportation, in keeping with the financial capacity of the
family.

The education of the person entitled to be supported referred to


in the preceding paragraph shall include his schooling or
training for some profession, trade or vocation, even beyond the
age of majority. Transportation shall include expenses in going
to and from school, or to and from place of work.

PROPERTIES ARE LIABLE FOR THE SUPPORT


(SOURCES OF MUTUAL SUPPORT)
Spouses

Absolute community or Conjugal


Property

Common children of
the spouses

Absolute community or Conjugal


Property

Children of a spouse
by another marriage

Absolute community or Conjugal


Property
Under the system of absolute
community, separate property of the
parent-spouse

SUPPORT
Consists of everything indispensable for:
1. Sustenance
2. Dwelling
3. Clothing
4. Medical attendance
5. Education includes schooling or
training for some profession, trade or vocation, even
beyond the age of majority
6. Transportation includes expenses going to and from
school, or to and from place of work
Art. 195. Subject to the provisions of the succeeding articles,
the following are obliged to support each other to the whole
extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and
illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and
illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood

PERSONS OBLIGED TO SUPPORT EACH OTHER:


1. Spouses
2. Legitimate ascendants and descendants
3. Parents and their legitimate children and the children of the
latter (legitimate or illegitimate)
4. Parents and their illegitimate children and the children of
the latter (legitimate or illegitimate)
5. Legitimate brothers and sisters whether full or half-blood
Art. 196. Brothers and sisters not legitimately related, whether
of the full or half-blood, are likewise bound to support each other
to the full extent set forth in Article 194, except only when the
need for support of the brother or sister, being of age, is due to
a cause imputable to the claimant's fault or negligence.

SUPPORT TO ILLEGITIMATE BROTHERS AND


SISTERS (WHETHER FULL OR HALF BLOOD)
1. If the one asking for support is below majority age, he is
entitled to support from his illegitimate brother or sister to
the full extent, without any condition (e.g. even if cause is
imputable to him)
2. If the one asking for support is already of majority age, he is
entitled to support only if his need for support is not due to
a cause imputable to his fault or negligence

Illegitimate children of
either spouse

if the same is insufficient or there is


no such property, the absolute
community is liable but the support
is considered as advances on the
share of the parent to be paid by him
to the community at the time of
liquidation
Under the system of conjugal
partnership, separate property of the
parent-spouse
if the same is insufficient or there is
no such property, the conjugal
property is liable if financially
capable, but the support paid to the
child shall be deducted from the
share of the parent-spouse at the
time of liquidation of the partnership

Legitimate
ascendants, other
legitimate and
illegitimate
descendants, and
legitimate and
illegitimate brothers
and sisters

Separate property of the obligorspouse


If the same is not sufficient or there is
none, the absolute community or
conjugal property shall be liable if
financially capable, which support
shall be deducted from the share of
the spouse upon liquidation of the
ACP or CPG

Art. 197. In case of legitimate ascendants; descendants,


whether legitimate or illegitimate; and brothers and sisters,
whether legitimately or illegitimately related, only the separate
property of the person obliged to give support shall be
answerable provided that in case the obligor has no separate
property, the absolute community or the conjugal partnership, if
financially capable, shall advance the support, which shall be
deducted from the share of the spouse obliged upon the
liquidation of the absolute community or of the conjugal
partnership.

Art. 198. During the proceedings for legal separation or for


annulment of marriage, and for declaration of nullity of marriage,
the spouses and their children shall be supported from the
properties of the absolute community or the conjugal
partnership. After the final judgment granting the petition, the
obligation of mutual support between the spouses ceases.
However, in case of legal separation, the court may order that
the guilty spouse shall give support to the innocent one,
specifying the terms of such order. (292a)

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Art. 199. Whenever two or more persons are obliged to give


support, the liability shall devolve upon the following persons in
the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters.

Art. 203. The obligation to give support shall be demandable


from the time the person who has a right to receive the
same needs it for maintenance, but it shall not be paid except
from the date of judicial or extra-judicial demand.

PERSONS OBLIGED TO SUPPORT EACH OTHER:

1.
2.
3.
4.

Spouse
Descendants in nearest degree
Ascendants in nearest degree
Brothers and sisters
When the obligation to give support falls upon two or
more persons, the payment of the same shall be divided
between them in proportion to the resources of each.
However, in case of urgent need and by special
circumstances, the judge may order only one of them to
furnish the support provisionally, without prejudice to his
right to claim from the other obligors the share due from
them.
When two or more recipients at the same time claim
support from one and the same person legally obliged to
give it, and the obligor does not have sufficient means to
satisfy all claims:
- The order established in the preceding article shall
be followed:
a. Spouse
b. Descendants in nearest degree
c. Ascendants in nearest degree
d. Brothers and sisters
- If the concurrent obligees should be the spouse and
a child subject to parental authority, the child shall
be preferred

Support pendente lite may be claimed in accordance with the


Rules of Court.
Payment shall be made within the first five days of each
corresponding month or when the recipient dies, his heirs
shall not be obliged to return what he has received in advance.

Art. 204. The person obliged to give support shall have the
option to fulfill the obligation either by paying the allowance
fixed, or by receiving and maintaining in the family dwelling the
person who has a right to receive support. The latter alternative
cannot be availed of in case there is a moral or legal obstacle
thereto.

PERSONS OBLIGED TO SUPPORT EACH OTHER:


1. Payment of the amount;
2. Accepting the recipient in the home of the provider
UNLESS: there is a legal or moral obstacle from doing so
Art. 205. The right to receive support under this Title as well as
any money or property obtained as such support shall not be
levied upon on attachment or execution.

Art. 200. When the obligation to give support falls upon two or
more persons, the payment of the same shall be divided
between them in proportion to the resources of each.

Art. 206. When, without the knowledge of the person obliged to


give support, it is given by a stranger, the latter shall have a
right to claim the same from the former, unless it appears that
he gave it without intention of being reimbursed.

Art. 207. When the person obliged to support another unjustly


refuses or fails to give support when urgently needed by the
latter, any third person may furnish support to the needy
individual, with right of reimbursement from the person
obliged to give support. This Article shall particularly apply
when the father or mother of a child under the age of majority
unjustly refuses to support or fails to give support to the child
when urgently needed.

However, in case of urgent need and by special circumstances,


the judge may order only one of them to furnish the support
provisionally, without prejudice to his right to claim from the
other obligors the share due from them.

When two or more recipients at the same time claim support


from one and the same person legally obliged to give it, should
the latter not have sufficient means to satisfy all claims, the
order established in the preceding article shall be followed,
unless the concurrent obligees should be the spouse and a child
subject to parental authority, in which case the child shall be
preferred.

Art. 201. The amount of support, in the cases referred to in


Articles 195 and 196, shall be in proportion to the resources or
means of the giver and to the necessities of the recipient.

Art. 208. In case of contractual support or that given by will, the


excess in amount beyond that required for legal support shall be
subject to levy on attachment or execution.

Furthermore, contractual support shall be subject to adjustment


whenever modification is necessary due to changes of
circumstances manifestly beyond the contemplation of the
parties.

Art. 202. Support in the cases referred to in the preceding


article shall be reduced or increased proportionately, according
to the reduction or increase of the necessities of the recipient
and the resources or means of the person obliged to furnish the
same.
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TITLE IX PARENTAL AUTHORITY


Chapter 1. General Provisions
PARENTAL AUTHORITY (PATRIA POTESTAS)
The mass of rights and obligations which parents have in
relation to the person and property of their children until their
emancipation, and even after this under certain
circumstances. (Manresa)
Parental authority under the Family Code includes parental
responsibility.
It is the right and duty of parents to protect their children, to
care for the in sickness and health, and do whatever may be
necessary for their care, maintenance, and preservation.
Purpose: The physical preservation and development of
children, as well as the cultivation of their intellect, and
education of their heart and senses.

CHARACTERISTICS OF PARENTAL AUTHORITY:


1. It is a natural right and duty of the parents (Art. 209)
2. It cannot be renounced, transferred or waived, except in
cases authorized by law (Art 210)
3. It is jointly exercised by the father and the mother (Art. 211)
4. It is purely personal and cannot be exercised through
agents
5. It is temporary
Art. 209. Pursuant to the natural right and duty of parents over
the person and property of their unemancipated children,
parental authority and responsibility shall include the caring for
and rearing them for civic consciousness and efficiency
and the development of their moral, mental and physical
character and well-being.

PARENTAL AUTHORITY INCLUDES (ART. 209)


1. The caring for and rearing of children for civic
consciousness and efficiency;
2. The development of the moral, mental and physical
character and well-being of said children
Art. 210. Parental authority and responsibility may not be
renounced or transferred except in the cases authorized by law.

Art. 211. The father and the mother shall jointly exercise
parental authority over the persons of their common children.
In case of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary.

Art. 212. In case of absence or death of either parent, the


parent present shall continue exercising parental authority. The
remarriage of the surviving parent shall not affect the parental
authority over the children, unless the court appoints another
person to be the guardian of the person or property of the
children.

Art. 213. In case of separation of the parents, parental authority


shall be exercised by the parent designated by the Court. The
Court shall take into account all relevant considerations,
especially the choice of the child over seven years of age,
unless the parent chosen is unfit.

Art. 214. In case of death, absence or unsuitability of the


parents, substitute parental authority shall be exercised by
the surviving grandparent. In case several survive, the one
designated by the court, taking into account the same
consideration mentioned in the preceding article, shall exercise
the authority.

Absence of either parent

Parent present

Death of either parent

Surviving parent

Remarriage of surviving
parent

Still the surviving parent, unless


the court appoints a guardian
over the child
Parent designated by the court

Separation of Parents
(Art. 213)

The court shall take into account


all relevant considerations,
especially the choice of the child
over 7 years old, unless the
parent is unfit

Death, Absence or
Unsuitability of both
parents (Art. 214)

Surviving grandparent shall


exercise substitute parental
authority

GENERAL RULE: A child under 7 years of age shall not be


separated from the mother
UNLESS:
The court finds compelling reasons to order otherwise.

TONOG V. COURT OF APPEALS


Paramount consideration in matters of custody of a child is the
welfare and well-being of the child

Children shall always observe respect and reverence towards


their parents and are obliged to obey them as long as the
children are under parental authority.

RULES AS TO THE EXERCISE OF PARENTAL


AUTHORITY:

Art. 215. No descendant shall be compelled, in a criminal case,


to testify against his parents and grandparents, except when
such testimony is indispensable in a crime against the
descendant or by one parent against the other.

1. The father and the mother shall jointly exercise parental


authority over the persons of their common children. In case
of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary (Art. 211 FC)
2. If the child is illegitimate, parental authority is with the
mother (Art.176 FC; see also Chapter 10)
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Chapter 2. Substitute and Special


Parental Authority

Art. 216. In default of parents or a judicially appointed guardian,


the following person shall exercise substitute parental authority
over the child in the order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age,
unless unfit or disqualified; and
(3) The child's actual custodian, over twenty-one years of age,
unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the
property of the child becomes necessary, the same order of
preference shall be observed.

ORDER OF SUBSTITUTE PARENTAL AUTHORITY


1. The surviving grandparent
2. The oldest brother or sister, over 23 years old, unless unfit
or disqualified
3. The child's actual custodian, over 21 years
old, unless unfit or disqualified
Art. 217. In case of foundlings, abandoned neglected or abused
children and other children similarly situated, parental authority
shall be entrusted in summary judicial proceedings to heads of
children's homes, orphanages and similar institutions duly
accredited by the proper government agency.

UNFORTUNATE CHILDREN
Foundling newborn child abandoned by its parents who
are unknown
Abandoned Child has no proper parental care or
guardianship, or whose parents or guardians have deserted
him for at least six continuous months
Neglected Child one whose basic needs have been
deliberately unattended or inadequately attended
Abused child within the second kind of neglected child
Dependent child without a parent, guardian, etc, is
dependent upon the public for support
Art. 218. The school, its administrators and teachers, or the
individual, entity or institution engaged in child are shall have
special parental authority and responsibility over the minor
child while under their supervision, instruction or custody.

Authority and responsibility shall apply to all authorized


activities whether inside or outside the premises of the school,
entity or institution.

SPECIAL PARENTAL AUTHORITY (ART. 218)


1. School,
2. Administrators and teachers, or
3. The individual, entity or institution engaged in child care.

SUBSTITUTE PARENTAL
AUTHORITY

SPECIAL PARENTAL
AUTHORITY

It is exercised in case of
death, absence, or if
unsuitability of parents.
Hence, it is not exercised
by the parents of parental
authority over the minor
children.

It is exercised concurrently with


the parental authority of the
parents and rest on the theory
that while the child is in the
custody of the person exercising
special parental authority, the
parents temporarily relinquish
parental authority over the child
to the latter

ART. 219 LIABILITY OF THOSE EXERCISING


SPECIAL PARENTAL AUTHORITY OVER THE CHILD
1. They are principally and solidarily liable for damages
caused by the acts or missions of the minor child while
under their supervision, instruction or custody.
HOWEVER:
This liability is subject to the defense that the person
exercising parental authority exercised proper
diligence.
2. The parents and judicial guardians of the minor or those
exercising substitute parental authority over the minor are
subsidiarily liable for said acts and omissions of the minor.

Chapter 3. Effect of Parental Authority


Upon the Persons of the Children
Art. 220: The parents and those exercising parental authority
shall have with the respect to their unemancipated children on
wards the following rights and duties:
(1) To keep them in their company, to support, educate and
instruct them by right precept and good example, and to
provide for their upbringing in keeping with their means;
(2) To give them love and affection, advice and counsel,
companionship and understanding;
(3) To provide them with moral and spiritual guidance, inculcate
in them honesty, integrity, self-discipline, self-reliance,
industry and thrift, stimulate their interest in civic affairs, and
inspire in them compliance with the duties of citizenship;
(4) To furnish them with good and wholesome educational
materials, supervise their activities, recreation and
association with others, protect them from bad company,
and prevent them from acquiring habits detrimental to their
health, studies and morals;
(5) To represent them in all matters affecting their interests;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required under the
circumstances; and
(8) To perform such other duties as are imposed by law upon
parents and guardians

RIGHTS OF PARENTS (ART. 220)


1. To have them in their custody
2. To represent them in all matters affecting their interests
3. Demand respect and obedience and impose discipline on
them
4. Administer their property and income to support the child
and the family
5. To give or withhold consent on marriage, pre-nuptial,
donation propter nuptias, adoption, and employment
6. To disinherit them for just cause
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ART. 220 DUTIES OF PARENTS

ART 226 PROPERTY EARNED BY CHILD

1. Support and upbringing in accordance to their means


2. educate, instruct, and provide them with moral and spiritual
guidance, and love and understanding
3. defend them against unlawful aggression
4. answer for damages caused by their fault or negligence,
and for civil liability for crimes committed by them
5. give their lawful inheritance

Shall belong to the child in ownership and shall be devoted


exclusively to the latter's support and education,
UNLESS:
The title or transfer provides otherwise.
Right of the parents over the fruits and income of the child's
property shall be limited primarily to the child's support and
secondarily to the collective daily needs of the family.

ART 221 LIABILITY OF PARENTS FOR TORTS


COMMITTED BY THEIR MINOR CHILDREN
Parents and other persons exercising parental authority shall
be civilly liable for the torts of their unemancipated children
PROVIDED the children are living in their company
This is subject to the appropriate defenses provided
by law, like observing the diligence of a good tater of a
family to prevent the damage
If the minor child is, therefore, not living with the parents but
has been entrusted to the care of other persons, or is an
intern in school, the liability does not apply.
This liability of the parents and those exercising parental
authority over the child is solidary and primary and direct,
not subsidiary
Art. 222. The courts may appoint a guardian of the child's
property or a guardian ad litem when the best interests of the
child so requires.

ART 227 MANAGEMENT OF PROPERTIES


Parents entrust the management to an unemancipated child,
the net proceeds of such property shall belong to the
owner. The child shall be given a reasonable monthly
allowance in an amount not less than that which the
owner would have paid if the administrator were a stranger,

Chapter 5. Suspension or Termination


of Parental Authority

ART. 228 PARENTAL AUTHORITY PERMANENTLY


TERMINATES
1.
2.
3.
4.

A R T. 2 2 9 T E R M I N AT I O N O F PA R E N TA L
AUTHORITY WHICH CAN BE REVIVED BY FINAL
JUDGMENT

ART. 223-224 DISCIPLINARY MEASURES


Persons exercising parental authority may petition in the
court where the child resides, an order providing for
disciplinary measures over the child.
Child shall be entitled to the assistance of counsel, either of
his choice or appointed by the court
A summary hearing shall be conducted wherein the
petitioner and the child shall be heard.
If court finds the petitioner at fault, court may also order the
deprivation or suspension of parental authority
The commitment of the child for not more than thirty
days in entities or institutions engaged in child care
Parent exercising parental authority shall not interfere with
the care of the child but shall provide for his support.

1.
2.
3.
4.

Upon adoption of the child;


Upon the appointment of a general guardian for the child;
Upon judicial declaration
Upon final judgment of a competent court divesting the
party concerned of parental authority; or
5. Upon judicial declaration of absence or incapacity of the
person exercising parental authority.

ART. 230-231 GROUNDS FOR SUSPENSION OF


PARENTAL AUTHORITY
1. Conviction of parent for crime punished with civil
interdiction (Art 230)
2. Treats child with excessive harassment and cruelty
3. Gives corrupting orders, counsel or example
4. Compels child to beg
5. Subjects or allows acts of lasciviousness

Chapter 4. Effect of Parental Authority Upon


the Property of the Children
ART 225 EFFECTS OF PARENTAL AUTHORITY
UPON THE PROPERTY OF THE CHILD
The Father and Mother shall jointly exercise legal
guardianship over the property of the minor child without
court appointment
In case of disagreement, the fathers decision shall prevail
UNLESS:
There is judicial order to the contrary
If the market value of the property or the annual income of
the child exceeds P50,000, the parent is required to furnish a
bond of not less than 10% of the value of the childs property
or income

Upon death of parents


Upon death of child
Upon emancipation of child
Parents exercising parental authority has subjected the
child or allowed him to be subjected to sexual abuse (Art.
232 FC)

NOTE: The suspension or deprivation may be revoked and the


parental authority revived in a case filed for the purpose or in
the same proceeding if the court finds that the cause therefore
has ceased and will not be repeated
Art. 233. The person exercising substitute parental authority
shall have the same authority over the person of the child as the
parents.

In no case shall the school administrator, teacher of individual


engaged in child care exercising special parental authority inflict
corporal punishment upon the child.
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